Aerial Incident of 10 August 1999 (Pakistan v. India) - The Court decides that the question of its jurisdiction to entertain the Application shall be addressed first and fixes time-limits for the writ

INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJ The Hague. Tèl.(31-70-302 23 23). Cables: Intercourt, The Hague.

Telefax (31-70-364 99 28). Telex 32323. Internet address; http: //www.icj-cij.org

Corrununiqué
unofficial
forimmediaterelease

No. 2000/6
24 February 2000

Aerial incident of10 August 1999
<Pakistan v. lndia)

Hearings on theissue ofthe Court's jurisdiction to open

on Monday 3 April 2000 at 10 a.m.

THE HAGUE, 24 February 2000. Public hearings in the case conceming the Aerial incident
of 10August 1999 (Pakistan v. India) will open on Monday 3 April 2000 at10 a.m before the
International Courtf Justice (ICJ).

The hearings, which willlast a week, will be dedicated exclusively to the issue of the Court's
jurisdiction to deal with the dispute.

The Court had wished to hold hearings in March, but, at the pressing request of the Parties, it

bas exceptionally agreed to open them later.

Background information

On 21 September 1999, the Islamic Republic of Pakistan instituted proceedings before the
Court against the Republic of India in respect of a dispute concerning the destruction on
10August 1999 of a Pakistani aircraft.

In its Application, Pakistan contends thatthe unarmed Atlantiaircrafof the Pakistan navy

was on a routine training mission with16personnel on board when while flyingover Pakistan air
space it was fired upon with air-to-air missilesndianairforce planes, without warning, resulting
in the death of all16 personnel, mostly young naval trainees. It maintains that the aircraft, when shot
down, was inan area situated approximatel70 to90 miles east ofKarachi and that it was carrying
out varions training exercises and manoeuvres of instrument.According ta Pakistan, after radar

contact was lost with theaircraftat12.06 p.m, an intensive search was undertaken by Pakistani
aircraft and helicopters and the wreckage was discovered around2.55 p.m.,2 km inside Pakistan
territory.

Pakistan furthemain tains that in the two and a half hours which elapsed between the shooting
dawn and the discovery of the wreckage, Indian helicopters sneaked into Pakistan's territory to pick

up a few items from the debris in arder to produce "evidence" for fudia's initial claim that the
Atlantique had beenshot dawn over Indian airspace. However, according to Pakistan, "because of
the overwhelming evidence ... Indian officiais were obliged to admit that the Atlantique had indeed
been shot down over Pakistan'airspace".

Pakistan maintains that the above-mentioned acts constitute breaches of the obligation to
refrain from the threat or use of force under Article 2, paragraph 4, of the Charter of the United
Nations; of the provisions of the Agreement of 6 April 1991 between Pakistan and India on
Prevention ofAir Space Violations; and of the obligations under customary international law not to
use force against another State and not to violate the sovereignty of another State. -2-

Pakistan therefore requests the Court to judge and declare that the acts of Jndia constitute
breaches of these various obligations for which India bears exclusive legal responsibility and that

India is under an obligation to make reparations to Pakistan for the Joss of the aircraft and as
compensation to the heirs of those killed.

As a basis for. the Court's jurisdiction, Pakistan invoked in itsApplication Article36,
paragraphs 1 and 2, of the Statute of the Court and the declarations whereby bath States have
accepted the compulsory jurisdictionf the Court.

In a letter dated 2 November 1999, India stated that it ,bad "preliminary objections to the
assomption of jurisdiction by the ... Court ... on the basis of Pakistan's Application".

At a meeting held on 10 November 1999 by the then President of the Court, Judge Schwebel,
with the Parties, the latter provisionally agreed to request the Court to detemrlne separately the

question of the Court's jurisdiction before any proceedings on the merits of the case. That
agreement was later confinned in writing byPakistan.

By an Order of 19 November 1999, the Court fixed 10 January 2000 and 28 February 2000
respectively as the time-limits for the ftling of a Memorial by Pakistan and a Counter-Memorial by
lndia on the question of the Court'sjurisdiction. •

NOTE TO THE PRESS

1. The public sittings will be held ithe Great Hall of Justice of the Peace Palacein The

Hague, Netherlands. Mobile telephones and beepers are allowedin the courtroom provided they are
turned off or set on silent mode. Any offending deviee will be temporarily retained.

2. Members of the Press will be entitled to attend on presentatioa press card. The tables
reserved for them are situated on the far left of the public entrance of the courtroom

3. Photographs may be taken for a few minutes at the opening and at the end of the sittings.
Television crews may film, but advance notice should be given to the Information Department (see
paragraph 7).

4. ln the Press Room. located on the ground floor othe Peace Palace (Room 5), the Court's
proceedings will be relayed through a loudspeaker.

5. The verbatim records of the public sittings will be published daily on the Court's website
(http://www .icj-cij.org).

6. Members of the Press who wish to make telephone caUs may use the phone located in the
Press Room for collect caUsor the public telephones in the Post Office in the basement of the Peace
Palace.

7. :M:r.Arthur Witteveen, First Secretary of the Court (tel: + 31 70 302 2336), and
Mrs. Laurence Blairon, lnfonnation Officer (tel+ 31 70 302 2337), are available to deal with any
requestsfor information and for making arrangements for television coverage.